YÖK head says he will seek legal redress against pro-ban rectors

Özcan, speaking to the Akşam daily late Monday, stated that he will seek legal redress against oppressive rectors who continue to defy constitutional amendments lifting Turkey's long-standing headscarf ban on university campuses, despite a statement released by YÖK earlier in the day emphasizing that preventing covered students from entering universities is a constitutional offense.

The statement from YÖK released Monday noted that there is no need to make further amendments to any law to allow covered students to enter universities and that closing the doors of an institution of higher learning is a criminal offense.

"The essentials of the republic, defined in the Constitution, ensure the protection of fundamental rights and freedoms and thus cannot be used as legal grounds to restrict individual rights and freedoms," said the statement.

Özcan underlined that there is no need to amend Article 17 of the YÖK Law to lift the headscarf ban at universities. "The amendments made to articles 10 and 42 of the Constitution are enough to allow those wearing headscarves onto university campuses. Many universities opened their doors to covered students on Monday, but some others, especially those in İstanbul, were reluctant to admit the covered to their campuses."

Stressing that pro-ban rectors are committing a constitutional crime, Özcan said he will do what is necessary to make such rectors comply with the Constitution.

"I will invite these rectors to Ankara, where they will meet with legislators. We will try to persuade them to allow headscarf-wearing students into universities. But if they insist on turning a blind eye to the provisions of the Constitution, then we will take legal action against them," he said.

Özcan also noted that he is a secular person, adding that he is loyal to the fundamentals of the republic. "Our objective is to create an environment at universities that is free of bans. On the very first day of my term in office, I announced my target of getting rid of bans at universities. The number of covered students is not as high as estimated. A few covered students cannot put Turkey's secularism at risk," noted Özcan.

Meanwhile, Nationalist Movement Party (MHP) leader Devlet Bahçeli urged Parliament to focus on an amendment to Article 17 of the YÖK Law.

Speaking at his party's parliamentary group meeting yesterday, Bahçeli said his party wouldn't appreciate an atmosphere of crisis resulting from an initiative launched to prevent covered students from being subject to unjust treatment at institutions of higher learning.

"Gül's approval of the constitutional amendments lifting the headscarf ban on university campuses is not enough to eliminate the ban. The Justice and Development Party [AK Party] and the MHP have agreed on a plan to amend Article 17 of the YÖK Law to provide a clear definition of the headscarf. We hope the necessary steps will be taken to this end before the crisis over the headscarf ban can grow any further," he said.

Main opposition Republican People's Party (CHP) leader Deniz Baykal yesterday announced that his party will be challenging the amendment at the Constitutional Court today.

Professor Fazıl Hüsnü Erdem from Dicle University, on the other hand, said rectors who insist on upholding the ban on the headscarf are acting "arbitrarily."

"There was no headscarf ban at universities. It was ingrained in the universities as a de facto situation. Headscarf freedom was strengthened after two articles of the Constitution were amended. There is no need for a change to Article 17 of the YÖK Law," he said.

Professor Hasan Tunç from Gazi University said the ban cannot be upheld with the constitutional amendments in place. "A probe should be opened into the rectors who do not allow covered students in universities. Their acts are not in compliance with the law," he noted.

Parliamentary Justice Commission head Ahmet İyimaya said decisions of the Constitutional Court -- referred to by pro-ban rectors as the grounds for the headscarf ban -- have been annulled by the amendments made to the Constitution.

"Former decisions of the top court regarding the ban are no longer binding. Fundamental rights and freedoms can only be restricted via laws when they violate the related articles of the Constitution. Headscarf freedom is currently assured by constitutional provisions," said İyimaya.

Freedom Association (Özgür-Der) Chairman Hülya Şekercioğlu, on the other hand, called on Justice Minister Mehmet Ali Şahin to launch an investigation into rectors who violate the Constitution.

"We stated that prosecutors should take action to inspect the activities of university rectors in accordance with articles 112, 122 and 137," read a statement released by Şekercioğlu.

Meanwhile, two covered students who were denied entry to the Kocaeli University campus yesterday filed a criminal complaint against Rector Sezer Komşuoğlu at a court in Kocaeli.

Komşuoğlu allowed covered students to enter his university in the morning, but backtracked on his earlier stance toward headscarf wearing students in the afternoon, prohibiting female students from wearing the headscarf at university campuses in the wake of criticism from those who oppose the elimination of the headscarf ban.

Şüheda Cebeci, one of the students who filed a criminal complaint against Komşuoğlu, said she decided to do so because her university rector is acting arbitrarily.

"The Constitution says every individual is equal before the law regardless of his language, race, gender, political views or religion. State bodies and administrative units have to deal fairly with everyone in accordance with this principle. Rector Komşuoğlu is explicitly violateing the Constitution by turning a blind eye to the constitutional package lifting the headscarf ban," read the complaint of the two students.

School security attacks union officials

Meanwhile, officials from the Education Personnel Labor Union (Eğitim Bir-Sen) who sought a meeting with Gazi University officials to discuss why covered students are not admitted to the campus were attacked by security guards.

Eğitim Bir-Sen Secretary-General Halil Etyemez and the union's Kocaeli representative, Mustafa Kır, were beaten by security guards in front of the campus gate. "We just wanted to confer with university officials over the situation of covered students. The security guards attacked us. What the oppressive rectors are doing is not compatible with the Constitution. They are committing a constitutional offense," said Etyemez.

Civil servants say pro-ban rectors commit crime

The Civil Servants' Trade Union (Memur-Sen) said no one has the right to defy constitutional provisions, in apparent reference to pro-ban rectors who insist on upholding the headscarf ban at universities.

In a press statement Memur-Sen Chairman Ahmet Aksu noted that everyone has to comply with the Constitution. "Those who say they will not comply with constitutional amendments are violating covered students' fundamental freedoms and their right to an education. Pro-ban rectors are trying to provoke a crisis within society. The heads of universities who prohibit covered students from entering university campuses are committing an offense in accordance with articles 106 and 112 of the Turkish Penal Code [TCK]," he noted.

ÜAK to discuss headscarf on Thursday

The Inter-university Board (ÜAK) will convene on Thursday in an extraordinary meeting. A statement released by the ÜAK noted that the board will convene under the presidency of Professor Mustafa Akaydın, the rector of Akdeniz University, at 10:30 a.m. on Thursday to discuss the lifting of the headscarf ban at universities.